On April 2, 2012, the NYPD and the CCRB signed a Memorandum of Understanding (MOU) which conferred prosecutorial power from the police department to the CCRB for all cases substantiated by the agency in which officers face administrative charges and specifications. As a result, the CCRB’s administrative prosecution unit (APU) now prosecutes nearly all these cases, with limited exceptions.
The APU grew out of a pilot project, created in February 2010 to have CCRB attorneys serve as lead prosecutors for a small portion of the substantiated cases that went to disciplinary trials at the police department. Initially staffed with one attorney, the pilot program was given permanent status and funding in November 2011 and then subsequently expanded.
That initial pilot project grew out of a successful second-seat program, started in the fall of 2008, in which a CCRB attorney assisted the Police Department Advocate’s Office (DAO) with prosecutions. Prior to 2008, the CCRB had no role in the discipline process.
Read the MOU (in PDF)
Read the MOU announcement (in PDF)
Read the second-seat program news release (in PDF)
Learn about earlier litigation over the APU (in PDF)